Retrial in Kentucky Pedestrian Accident Lawsuit Leads to $400k Verdict With 25% Comparative Fault

Birchfield v. Huber

Case Background

Thomas Birchfield filed a personal injury lawsuit after being hit by a car that ran a red light while he was in a crosswalk. The case was filed in the Kentucky Circuit Court, Jefferson County. Judge Eric J. Haner presided over this case. [Case number: 21-415] In the first trial of the pedestrian accident lawsuit, the jury ruled in favor of Defendant John Huber on liability. The trial judge issued an unusual instruction, suggesting that the Plaintiff could only win if he had the walk signal when entering the crosswalk, regardless of whether the defendant had run the red light or was speeding.

The judge later acknowledged that the instruction was flawed and ordered a new trial. In the second trial, the jury found both parties at fault, assigning 75% of the responsibility to the Defendant and 25% to the Plaintiff. The jury awarded Birchfield $400,000 for pain and suffering, reduced by the Plaintiff’s comparative fault.

Cause

On September 19, 2019, Thomas Birchfield, a pedestrian in Louisville, crossed Bardstown Road at Wrocklage Avenue. This intersection was regulated by a traffic light. Birchfield waited for the crosswalk signal to activate before entering the intersection.

At the same time, John Huber approached the intersection in his vehicle, driving along Bardstown Road. He observed the traffic signal turn green but noticed it changed unusually quickly to yellow and then red. Unable to stop in time, Huber ran the red light.

Moments later, Huber’s vehicle struck Birchfield. The collision caused Birchfield to flip onto the car’s hood, resulting in a severe impact.

Injury

A moment later, Huber’s vehicle struck Birchfield, causing the impact to flip him onto the hood. Birchfield sustained severe lacerations to his arm. Photographs of the injuries showed a deep, gruesome, and bloody wound.

Later medical evaluations revealed that Birchfield had also torn his labrum. Surgeons performed a procedure to repair the injury.

Damages

If Birchfield prevailed in this present accident lawsuit, he sought to recover $83,656 in medical expenses. For his past suffering, he limited his claim to $725,000. Additionally, he pursued an extra $100,000 to compensate for anticipated future suffering.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Thomas Birchfield
  • Counsel for Plaintiff(s): Andrew Epstein (First Trial) | Steve Romines (Second Trial, as first chair)

• Defendant(s): John Huber
  • Counsel for Defendant(s): Jace S. Martin (First Trial) | Mary Johnson and Dana Cohen (Second Trial)
  • Experts for Defendant(s): Dr. Michael Moskal

Claims

Defense

Huber admitted he ran the red light, which changed very quickly. However, he also pointed to the Plaintiff’s actions. He argued that Birchfield entered the intersection too early. Specifically, he claimed that Birchfield stepped out before the crosswalk signal turned green, shortly after the light had turned red.

Expert Testimony

First Trial: Jury Deliberations and Liability Instruction

The case was tried for four days, and the jury deliberated for 2.5 hours. Judge Haner’s liability instruction was unusual, incorporating elements of a contributory negligence standard. The instruction explained that Birchfield would prevail if the jury believed he entered the crosswalk legally while the light was in his favor and that Huber had not already entered the intersection when the light was green. Therefore, Birchfield needed to prove that he lawfully entered the crosswalk and that Huber ran the red light, regardless of any other duties.

The jury ultimately returned a 10-2 verdict in favor of Huber, rejecting the Plaintiff’s claim. The jury did not reach a conclusion on the Plaintiff’s duties, apportionment, or damages. As a result, a defense judgment was entered.

This trial, referred to as Case No. 6058, took place in June 2023. Birchfield was represented solely by Andrew Epstein, while Huber’s lawyer was Jace S. Martin of Dilbeck & Myers.

Motion for New Trial

Following the first trial, Birchfield filed a motion for a new trial. He argued that Juror Barbara Hinton, one of the two jurors who voted against the verdict, approached Attorney Epstein two days after the trial. Hinton explained that the jury was confused by the court’s instruction, believing they had to rule in Huber’s favor if Birchfield stepped into the intersection before the crosswalk signal. Despite Hinton’s attempt to clarify the instruction, the confusion persisted.

Birchfield argued that the instruction error unfairly barred his case, even if he was slightly at fault, and wrongly exonerated Huber, even if he was largely responsible. Huber responded by asserting that the instruction followed established Kentucky pedestrian traffic law, referencing Palmore. He also disputed the juror’s claim, suggesting he could provide affidavits from other jurors to counter Hinton’s statement.

Judge Haner ruled on the motion on September 1, 2023. He concluded that while his instructions were not a technical misstatement of the law, the omission of full instructions on the defendant’s duties limited the jury’s consideration. The failure to fully address Huber’s responsibilities deprived Birchfield of a fair trial.

Second Trial: New Representation and Adjusted Damages

In the months following the first trial, Birchfield added new counsel to his team. On January 30, 2024, Steve Romines joined the case and ultimately served as first chair during the retrial. Jace Martin, representing Huber, stepped down after becoming the father of twin daughters. Mary Johnson and Dana Cohen of Dilbeck & Myers represented Huber at the second trial.

The damages sought by Birchfield in the second trial differed slightly. He did not claim medical bills but sought compensation for pain and suffering in two categories. The instructions set his past suffering at $1,000,000 and future suffering at $250,000. Judge Haner issued an order barring any mention of the first trial, including the verdict.

The retrial took place over four days, from August 19 to August 22, 2024, in Louisville. On August 22, 2024, the jury considered the updated instruction and found both parties at fault. It assigned 75% of the fault to Huber and 25% to Birchfield.

The jury awarded Birchfield $250,000 for past suffering and $150,000 for future suffering, totaling $400,000. However, due to the comparative fault allocation, the expected final judgment for Birchfield would be $300,000.

Court Documents:

Available upon request